[Ord. #2000-04, § 1]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
A. To make and adopt and from time-to-time reexamine and/or amend a
Master Plan for the physical development of the Township in accordance
with the provisions of N.J.S.A. 40:55D-28 and N.J.S.A. 40:55D-89.
B. To exercise subdivision control and site plan review in accordance
with the provisions of this chapter and the Municipal Land Use Law
of 1975, N.J.S.A. 40:55D-1, et seq.
C. To consider and make a report to the governing body within thirty-five
(35) days after referral as to any proposed development regulation
submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a,
and also to pass upon other matters specifically referred to the Planning
Board by the Zoning Board of Adjustment, pursuant to the provisions
of N.J.S.A. 40:55D-26b.
D. Variances and issuance of permits.
(1) Whenever the proposed development requires the approval, pursuant
to this Part 1, of a subdivision, site plan or conditional use, but
not a variance pursuant to N.J.S.A. 40:55D-70d, to grant, to the same
extent and subject to the same restrictions as the Board of Adjustment,
variances pursuant to Subsection 57C of the Municipal Land Use Law,
provided that for applications in the Pinelands Area variances granted
which constitute waivers from the Comprehensive Master Plan shall
first be subject to review and approval by the Pinelands Commission.
(2) In accordance with the provisions of N.J.S.A. 40:55D-34, to direct
the issuance of a permit for a building or structure in the bed of
a mapped street or public drainageway, flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32.
(3) In accordance with the provision of N.J.S.A. 40:55D-36, to direct
the issuance of a permit for a building or structure not related to
a street.
(4) Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be. The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon the grant of all required subsequent approvals by
the Planning Board. No such subsequent approval shall be granted unless
the approval can be granted without substantial impairment of the
intent and purpose of the Zone Plan and Zoning Ordinances.
E. To annually prepare a program of municipal capital improvement projects
projected over a term of six (6) years, and amendments thereto, and
recommend the same to the governing body.
F. To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
said body or other agencies or officers.
G. To serve as the Historic, Archaeological and Cultural Preservation
Board ("HAC Board") with the powers and duties prescribed pursuant
to N.J.A.C. 7:50-6.153.
H. The Planning Board pursuant to the provision of P.L. 1994, Chapter
186 approved on December 23, 1994 shall exercise, to the same extent
and subject to the same restrictions, all powers of a board of adjustment;
but the Class I and the Class III members shall not participate in
the consideration of applications for development which involve relief
pursuant to subsection d of section 57 of P.L. 1975, c. 291 (C.40:55D-70).